Papers by Alexis Dela Cruz
Article Type: Research Paper Purpose-The absence of a regional seas convention (RSC) in the South... more Article Type: Research Paper Purpose-The absence of a regional seas convention (RSC) in the South China Sea is alarming for one of the world's most critical marine environments. Presently, a United Nations body coordinates East Asian marine environmental "policy" on the basis of participating states' goodwill. This contribution addresses this regional legal gap by examining RSCs elsewhere to understand whether state practice on marine environmental protection now includes the duty to conclude RSCs. Design, Methodology, Approach-Using a comparative legal approach, the author purposely selected the Mediterranean and Caribbean regional seas programs (RSPs) to draw out practices that may be useful to marine environmental governance in the South China Sea. Findings-The comparison confirms the author's hypothesis that the duty to protect the marine environment now includes a duty to conclude RSCs for the governance of the world's regional seas. Practical Implications-This contribution explains that a model of marine environmental governance based purely on state goodwill endangers the South China Sea over the long term.
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Papers by Alexis Dela Cruz